Linda A. Fields - Page 10




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              When it eventually became apparent that payment from Mr.               
          Fields would not be forthcoming, petitioner’s case was reset for            
          trial at the Court’s trial session commencing on December 3,                
          2001, in Houston, Texas.  When the case was called from the trial           
          calendar, the parties filed a supplemental stipulation of settled           
          issues, pursuant to which (1) respondent conceded 50 percent of             
          the remaining business expense deductions at issue, (2)                     
          petitioner conceded the section 6015(c) issue, and (3) petitioner           
          reserved her right to file a motion for litigation costs under              
          section 7430.                                                               
                                    Discussion                                        
          I.  Overview of Section 7430                                                
               A.  Relevant Provisions                                                
               Section 7430 provides that, if certain conditions are met, a           
          taxpayer who prevails against the United States in any tax                  
          proceeding (administrative or judicial) may recover reasonable              
          costs incurred in connection with such proceeding.4  Section                
          7430(c)(4)(B) provides that a taxpayer shall not be treated as              
          the prevailing party in any such proceeding if the United States            
          establishes that its position in the proceeding was substantially           
          justified.  In his objection to the motion, respondent seeks to             
          establish that his position in this litigation was substantially            


               4  Petitioner does not seek costs incurred in connection               
          with the administrative phase of this case.                                 





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